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BISHOP v. LATTIMORE

No. COA99-11.

530 S.E.2d 554 (2000)

David M. BISHOP, Trustee of the George S. Goodyear Marital Trust and the George S. Goodyear Family Trust, Plaintiff-Appellant, v. George F. LATTIMORE, Jr., Elizabeth Darnell, Executrix of the estate of William J. Darnell, William I. Darnell, and Park House Realty, Inc., a North Carolina Corporation, Defendant-Appellees.

Court of Appeals of North Carolina.

April 4, 2000.

Attorney(s) appearing for the Case

The Bishop Law Firm, P.A., by J. Daniel Bishop, for plaintiff-appellant David M. Bishop.

Farris & Farris, P.A., by Thomas J. Farris, Raleigh, for defendant-appellee George F. Lattimore, Jr.

Boxley, Bolton & Garber, L.L.P., by Ronald H. Garber, Raleigh, for defendant-appellees Elizabeth Darnell, Executrix of the Estate of William J. Darnell, and William I. Darnell.

McGEE, Judge.

George Goodyear (Goodyear) and William J. Darnell (Darnell), both now deceased, along with George Lattimore, Jr. (Lattimore), entered into a partnership on 31 December 1962. This partnership, known as Interstate Investors, was for the purpose of leasing or purchasing real estate for the construction of residential rental property. In accordance with the partnership agreement, the parties leased a 3.45 acre tract of land and erected the Hamilton House...

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